Driver takes ICBC to court over fault in cul-de-sac crash with neighbour
A BC man launched a legal fight against ICBC over the blame in a cul-de-sac crash involving his neighbour.
In a decision posted in the BC Civil Resolution Tribunal Wednesday, the applicant, Rajinder Olekh, said that ICBC acted improperly when it decided the accident was 50% his fault.
The judge heard that Olekh was backing his vehicle out of his driveway in 2022, brought his vehicle to a complete stop, and was about to go forward when his vehicle was hit by a driver reversing out of a neighbouring driveway.
The driver of that vehicle was not involved in the dispute, and the extent of the vehicle damage was not included in the decision details.
Olekh says ICBC should not have held him even partially responsible for the crash and claimed the insurer didn’t properly investigate.
Saying that the investigator didn’t contact witnesses, the judge says that they found the investigation complete.
“Mr. Olekh argues that ICBC did not consider the other driver’s negligence. He provided a photo taken after the accident which shows DK’s vehicle just outside his neighbour’s driveway. Mr. Olekh says this shows that DK had only started reversing so his vehicle must have already been in the cul-de-sac. That is, Mr. Olekh argues that he reversed his vehicle when it was safe to do so, however DK reversed their vehicle in breach of section 193 of the MVA when his vehicle was in the cul-de-sac and an imminent hazard,” the decision reads in part.
The judge disagreed with Olekh’s claims, citing that the evidence did not show he was not to blame for the crash and dismissed his legal fight.
However, due to losing his battle, he is forced to award ICBC $25 as a reimbursement of CRT fees.
“Under section 49 of the CRTA and CRT rules, a successful party is generally entitled to the recovery of their CRT fees and dispute-related expenses. Mr. Olekh was not successful, so I dismiss his claim for reimbursement of CRT fees,” the decision reads in part.